Business Alert

French Public Administration's Actions During the Public Health State of Emergency - Update

May 4, 2020

Deadlines imposed by the public administration

All deadlines imposed by the public administration are suspended between March 12th and June 24th. The remaining deadline shall start to run again from the latter date.

  • Case 1: Deadlines for performing controls, carrying out works or for complying with any kind of prescriptions expire after March 12th.
  • Case 2: The starting point of deadlines for performing controls, carrying out works or for complying with any kind of prescriptions occurs between March 12th and June 24th, 2020.
  • In all cases: the principle of suspension does not impede the ability of the Public administration to modify, terminate, enforce or order new measures, within the period it determines, taking into account the constraints implied by the French State of Health Emergency.

    CAUTION: By an order dated April 1st, 2020, deadlines start to run again from April 3rd concerning measures, controls, analyses and monitoring particularly enacted under :

Classified facilities legislation

  • Examples: inital and additional prefectoral orders permitting the operation of a classified facility, government orders imposing general requirements for classified facilities subject to registration, prefectoral orders imposing additional requirements for a classified facility subject to registration, all kinds of prefectoral formal notices, prefectoral orders imposing administrative sanctions of any nature…

Waste legislation 

  • Examples: municipal formal notices concerning waste legislation compliance, prefectoral orders relating cross-border shipments of waste…

Deadlines imposed on the public administration

All deadlines imposed on the public administration are suspended between March 12th and June 24th. The remaining deadline shall start to run again from the latter date.

  • Case 1: Deadlines imposed on public administration to take measures or issue opinions expire after March 12th, 2020.
    • Example : On March 2nd, 2020, an applicant referred the environmental authority to make a decision on whether to perform an environmental impact assessment concerning an industrial project. The remaining examination deadline shall start to run. again from June, 24th, 2020.
  • Case 2: The starting point of deadlines imposed on public administration to take measures or issue opinions occurs between March 12th and June 24th, 2020.
    • Example : On March 16th, 2020, an applicant submitted an environmental authorization demand concerning a classified facility. Due to the suspension ruling, the examination period will start on June 24th, 2020 for four months.
  • Case 3: Deadlines for completeness review are governed by the same rules.
    • Example : On March 2nd, 2020, an applicant submitted a demand under the Water Act to the public administration. The 15-day completeness review was suspended on March 12th. The remaining 5-day period starts again from June 24th, 2020.

Exception: Deadlines for public consultation or participation resume on May 31st.